A. Compliance Required: No person shall keep, own, maintain, use or have possession of any animals within the city unless such animals are kept under the conditions of this section.
B. Large Animals; Permit Requirements:
1. No person shall keep any large animal without first obtaining a permit.
2. Permits for the keeping of large animals shall be issued only to those applicants who provide facilities for the keeping of such large animals in quarters as set out herein, which will confine the large animals within limits not closer than three hundred feet (300') to the exterior limits of any dwelling resided in by anyone other than the applicant unless such other building is owned by the applicant.
C. Small Animals; Permit Requirements: Except as provided in subsection D of this section, permits for the keeping of small animals shall be issued only to those applicants who provide facilities for the keeping of such small animals in enclosed quarters which will confine the small animals within such structure not closer than three hundred feet (300') to the exterior limits of any dwelling resided in by anyone other than the applicant.
D. Exceptions And Conditions Regarding Small Animal Permit Issuance:
1. FFA Or 4-H Club Members: A permit to keep and raise small animals, not to exceed ten (10) in number, may be issued to a resident of the city under the age of eighteen (18) years who is a member of an educational, benevolent youth group, such as FFA, 4-H Club or other similar club and has as his or her project the raising or showing of such animals under the direct sponsorship of an adult representative or official of such club. Before a permit shall be issued to such a youthful applicant, it shall first appear that the applicant is a member of such a club by verification with the club sponsor of such club. The adult sponsoring such youthful person shall promise in writing to monitor the husbandry operation of such person to assure that the operation is conducted in a clean and sanitary manner. (1991 Code § 3-16)
2. Humane Care; Notice Of Violation; Hearing: Should it ever appear that the animals being maintained under a permit issued under this subsection are not being cared for in a humane, sanitary and clean condition, the city clerk shall immediately issue a notice of violation to the applicant, conduct a hearing within five (5) days following service of the notice, and if it is found that the operation is not humane, safe and sanitary or is otherwise a nuisance, the application shall be revoked; and the exception created by this subsection shall no longer apply.
3. Pet Stores: A permit may also be issued to a commercial pet shop where small animals are not permitted to breed and are kept in pens located entirely within the walls of a commercial store located on a tract of property duly zoned CG or greater and are held for retail resale so long as it appears to the city clerk that the same will not constitute a nuisance, as that phrase is defined at common law and by this code. A permit issued to such a commercial pet store shall be subject to revocation should the operation ever be found to be a nuisance after notice and hearing as provided in subsection D2 of this section. (1991 Code § 3-16; amd. Ord. 2013-3, 2-12-2013)
E. Nuisance Conditions Prohibited: It shall be the duty of the holder of any permit provided for in this section to maintain and operate the housing and keeping of such animals in such a manner as not to create a nuisance as determined by this code and the common law of this state.
F. Feed Storage; Inspection: Every keeper of any such animal shall cause all feed provided therefor to be stored and kept in a ratproof, fly and insect tight building, and the premises shall be subject to inspection by the animal control officer or any of his representatives at any reasonable hour of the day. (1991 Code § 3-16)
G. Violation Cause For Permit Revocation: The failure of any keeper of such animals to comply with the provisions of this section or sanitation standards shall be cause for the revocation of any such permit issued by the city clerk. (1991 Code § 3-16; amd. Ord. 2013-3, 2-12-2013)